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(영문) 서울고등법원 2020.05.28 2019나2020076
채무부존재확인
Text

1. The plaintiff and the defendant among the part of the claim by the court of first instance for confirmation of non-existence of the damage liability against the defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a goods contract with the Defendant to produce and supply a large-scale ordinary trade classification machine (a system automatically classified for each page after verifying information, such as a postal number, etc. of a postal item) used by a post office. Of them, the Plaintiff entered into a contract with the Defendant on September 5, 2012 and on January 24, 2013 (a total sum of KRW 1,967,99,000,000) with the C Post Office and completed the trial operation and completed the transfer on May 31, 2016. 2) In addition to the instant subparagraph 1, the Plaintiff additionally installed the instant mark 2 (hereinafter referred to as “each of the instant facilities”) in addition to the instant mark 1 (a total sum of KRW 1,967,99,00,000) with the C Post Office (hereinafter referred to as “each of the instant facilities”) on December 1, 2014 and the total sum of KRW 17,2015 (hereinafter referred to as “C”).

3) Under the goods contract for each of the instant facilities between the Plaintiff and the Defendant, the Plaintiff assumes the obligation to guarantee the performance of each of the instant facilities until the passing of the trial operation of each of the instant facilities. To guarantee its performance, the Plaintiff shall submit to the Defendant a bond or a letter of guarantee, etc. (Article 6 of the Additional Terms and Conditions for Trial Operation). The obligation to repair the defects within the warranty period of two years from the date of completion of the trial operation of each of the instant facilities, and the obligation to pay the warranty bond equivalent to 5/100 of the contract amount as a guarantee, etc. to guarantee the defect repair (Articles 18 and 19 of the Special Terms and Conditions for the Quality Control of Goods Purchase Contract). (B) The Plaintiff entered into a warranty insurance contract with B as part of paying the warranty bond for the Plaintiff’s failure to perform the said warranty obligation on May 12, 2016.

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